GOODING, Idaho – A 3-year-old Idaho girl tested positive for pot at her pediatrician’s office on Oct. 5, and mom Kelsey Osborne was the reason why. The 23-year-old lost custody of her two kids because of it.

Now, she’s fighting back. Osborne describes the smoothie she made for daughter Madyson—a drink that contained a tablespoon of marijuana-infused butter—as a “last resort,” reports KTVB.

She says Madyson suffers from seizures, and that the October ones were particularly bad: “They would stop and come back, stop and come back,” with hallucinations and vomiting.

The girl was also in the midst of withdrawing from Risperdal, which is used to treat schizophrenia and bi-polar disorder (it’s unclear why Madyson was prescribed the medication), and Osborne says the pot stopped it all within 30 minutes.

Problem is, “marijuana is illegal, period,” says a rep with the state’s Department of Health and Welfare. Indeed, Osborne was charged with misdemeanor injury to a child; she has pleaded not guilty.

Medical marijuana isn’t legal in the state, and in those places where children with epilepsy are permitted to partake in pot, they use cannabidiol oil, which is free of THC.

The Twin Falls Times-News says Osborne couldn’t get the oil, and so resorted to using butter that she prepared herself. KBOI reports Madyson and brother Ryker, 2, are currently with Osborne’s ex-husband; she is allowed supervised visitation.